Review: Mr. Idriss Jazairy of Algeria, Chair of the Ad Hoc
Committee of the Council on the elaboration of complementary standards,
presented an oral report to the seventh session of the Human Rights Council. A
Study by Five Experts has been commissioned by the Ad Hoc Committee on the
elaboration of complementary standards, as
preparation for the 2009 post-Durban Review Conference. There is a gap in
standards between religion or belief and racism. Now may be the time for an
Open-ended Working Group, with a mandate that does not restrict or derogate
existing standards, to draft an inclusive
Convention on Freedom of Religion or Belief.

The report (A/HRC/AC.1/1/CRP.4) is titled: “Complementary International Standards,
Compilation of Conclusions and Recommendations of the Study by the Five Experts
on the Content and Scope of Substantive Gaps in the Existing International
Instruments to Combat Racism, Racial Discrimination, Xenophobia and Related
Intolerance The five experts study including conclusions and recommendations
are available at:

Extracts from the report begin on the third page
and are followed by an Issue Statement that refers to the study by the five
experts.

International Standards
for Regional, National and Local Applications

Objective: Build understanding and support for
Article 18, International Covenant on Civil and Political Rights –Everyone
shall have the right to freedom of thought, conscience and religion - and the
1981 UN Declaration on the Elimination of All Forms of Intolerance and
Discrimination Based on Religion or Belief. Encourage the United Nations,
Governments, Religions or Beliefs, Academia, NGOs, Media and Civil Society to
use international human rights standards as essential for long-term
solutions to conflicts based on religion or belief.

Challenge: In 1968 the United Nations deferred work on an
International Convention on the Elimination of all Forms of Religious
Intolerance, because of its apparent complexity and sensitivity. In the
twenty-first century, a dramatic increase of intolerance and discrimination on
grounds of religion or belief is motivating a worldwide search to find
solutions to these problems. This is a challenge calling for enhanced dialogue
by States and others; including consideration of an International Convention on
Freedom of Religion or Belief for protection of and accountability by all
religions or beliefs. The tensions in today’s world inspire a question such as:

Should
the United Nations adopt an International Convention on Freedom of
Religion or Belief?

Response: Is it the appropriate moment to
reinitiate the drafting of a legally binding international convention on
freedom of religion or belief? Law making of this nature requires a minimum
consensus and an environment that appeals to reason rather than emotions. At
the same time we are on a learning curve as the various dimensions of the Declaration
are being explored. Many academics have produced voluminous books on these
questions but more ground has to be prepared before setting up of a UN working
group on drafting a convention. In my opinion, we should not try to rush the
elaboration of a Convention on Freedom of Religion or Belief, especially not in
times of high tensions and unpreparedness. - UN Special Rapporteur on
Freedom of Religion or Belief, Asma Jahangir,
Prague 25 Year
Anniversary Commemoration of the 1981 UN Declaration, 25 November 2006.

Option: After forty years this may be the time,
however complex and sensitive, for the United Nations Human Rights Council to
appoint an Open-ended Working Group to draft a United Nations Convention on
Freedom of Religion or Belief. The mandate of an Open-ended Working Group ought
to assure nothing in a draft Convention on Freedom of Religion or Belief would
be construed as restricting or derogating from any right defined in the
Universal Declaration of Human Rights, the International Covenants on Human
Rights, and the 1981 UN Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief

Concept:Separation of Religion or
Belief and State – SOROBAS. The starting point for this concept is the First Preamble
to the 1948 United Nations Universal Declaration of Human Rights; “Whereasrecognition ofthe inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice
and peace in the world.It suggests
States recalling their history, culture and constitution adopt fair and equal
human rights protection for all religions or beliefs as described in General
Comment 22 on Article 18, International Covenant on Civil and Political Rights,
UN Human Rights Committee, 20
July 1993 (CCPR/C/21/Rev.1/Add.4):

PARAGRAPH 2. Article 18 protects theistic,
non-theistic and atheistic beliefs, as well as the right not to profess
anyreligion or belief.
The terms belief and religion are to be broadly construed. Article 18 is
not limited in its application to traditional religions or to religions
and beliefs with international characteristics or practices analogous to
those of traditional religions. The Committee therefore views with concern
any tendency to discriminate against any religion or belief for any
reasons, including the fact that they are newly established, or represent
religious minorities that may be the subject of hostility by a predominant
religious community.

Dialogue: United Nations Secretary General Ban Ki
Moon, at a UN backed Alliance of Civilizations Forum in January 2008 addressed
the importance of dialogue; “Never in our lifetime has there been a more
desperate need for constructive
and committed dialogue, among individuals,
among communities, among cultures, among and between nations.” A writer in
another setting said, “The warning signs are clear: unless we establish genuine dialogue within and among all kinds of belief,
ranging from religious fundamentalism to secular dogmatism, the conflicts of
the future will probably be even more deadly.” Solutions to conflicts based on
ideology call for dialogue on the purpose and
role of international human rights law on freedom of religion or belief;
including the values of these standards for
regional, national and local applications.

Education: Ambassador Piet de Klerk addressed the Prague twenty-five year
anniversary commemoration of the 1981 UN Declaration; “Our educational systems
need to provide children with a broad orientation: from the very beginning,
children should be taught that their own religion is one out of many and that
it is a personal choice for everyone to adhere to the religion or belief by
which he or she feels most inspired, or to adhere to no religion or belief at
all.” Parents are a key to this application. The 1981 UN Declaration states;
“Every child shall enjoy the right to have access to education in the matter of
religion or belief in accordance with the wishes of his parents, and shall not
be compelled to receive teaching on religion or belief against the wishes of
his parents, the best interests of the child being the guiding principle.”

Extracts: Extracts are presented under the Eight Articles of
the 1981 U.N. Declaration on the Elimination of all Forms of Intolerance and of
Discrimination Based on Religion or Belief. Examples of extracts are presented
prior to an Issue Statement for each Review.
Important extracts for human rights and freedom of religion or belief include
the following:

IV. THE MANDATE OF THE AD HOC
COMMITTEE

17. Human Rights Council resolution 6/21 of 28
September 2007 provides further clarity to the mandate of the Ad Hoc Committee
by recalling “its decision 3/103 of 8 December 2006, by which, heeding the
decision and instruction of the 2001 World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, it decided to establish the
Ad Hoc Committee of the Human Rights Council on the Elaboration of Contemporary
Standards, with the mandate to elaborate, as a matter of priority and
necessity, complementary standards in the form of either a convention or
additional protocol(s) to the International Convention on the Elimination of
All Forms of Racial Discrimination, filling the existing gaps in the
Convention, and also providing new normative standards aimed at combating all
forms of contemporary racism, including incitement to racial and religious
hatred.”

I. CONCLUSIONS AND RECOMMENDATIONS ON THE CONTENT
AND SCOPE OF SUBSTANTIVE GAPS ON COMPLEMENTARY INTERNATIONAL STANDARDS WITH
REGARD TO POSITIVE OBLIGATIONS OF STATES PARTIES

Assessment and recommendations

40. The experts recommend that a convention on
human rights education be adopted, to define positive obligations of States
regarding the incorporation of human rights education in their educational
systems, including private, religious, and military schools.

A. Religious groups

Assessment and recommendations

48. The nexus between racism and religion poses
complex and sensitive issues which are not adequately addressed under
international law. The experts believe that the reference to the right to
freedom of religion in article 5, paragraph (d) (vii) of ICERD should be
further developed to cover the complexity of the connection between religion
and race, racial discrimination, xenophobia and related intolerance. In light
of the increasing incidents of Islamophobia, anti-Semitism and Christianophobia
in the aftermath of the events of 11 September 2001, it is necessary that human rights
bodies upgrade accordingly their general comments or recommendations, reporting
guidelines, and rules of procedures.

49. It is recommended in particular that CERD
adopt a general recommendation addressing concerns which have emerged in the
area of racial discrimination and religion or belief.

50. In addition, the experts recommend that the
Human Rights Committee revise general comment No. 22 (1993) on article 18
(Freedom of thought, conscience or religion) in order to address present
challenges. The experts stress that in addressing problems linked to the nexus
between racism and religion, it is vital that human rights bodies and
Governments rely on the provisions of the 1981 Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

D. Religious intolerance and
defamation of religious symbols

Assessment and recommendations

130. The experts are of the view that there is an
increase in religious intolerance, and incitement to religious hatred. Equally
well-founded is the observation that religious intolerance and violations of
the right to freedom of religion have increased substantially in the aftermath
of 11 September 2001.
These developments give rise to serious concerns, which need to be addressed in
a thoughtful and effective way. From the perspective of their mandate, however,
the experts are of the opinion that religious intolerance combined with racial
and xenophobic prejudices is adequately covered under international human
rights instruments. Yet, it is in light of the concerns of the international
community regarding the rise in religious intolerance that CERD may wish to
consider adopting a recommendation stating explicitly the advantages of
multicultural education in combating religious intolerance.

F.
Incitement to racial hatred and dissemination of hate speech andxenophobic and
caricature pictures, through traditional mass media andinformation technology, including the
Internet.

Assessment and recommendations

150. The experts are convinced that the
implementation of national legislation harmonized with human rights treaty
obligations could serve effectively to prevent dissemination of hate speech. Effective
cooperation between Governments, NGOs and civil society-based organizations in
the identification of good practices could help curb both incitement and
dissemination. Practical initiatives could include the creation of a model
anti-racism network for educational institutions; the inclusion of anti-racism
messages on websites accessed by young people; training courses for teachers on
the use of the Internet; the sharing of good practices; the promotion of
digital inclusion; the ethical use of the Internet; and the development of
critical thinking skills for children.

151. It goes without saying that particular
attention should be paid to the Internet because of its outreach and the
decentralized nature of its architecture. The emerging approach of
self-regulatory governance of the Internet offers an important opportunity that
needs to be further explored. This could prove to be most effective in tackling
incitement to racial and religious hatred and the dissemination of hate speech
through this medium. States should continue the dialogue on this subject as it
will lead to political agreement on how to prevent the Internet from being used
for racist purposes and how to promote its use to combat racism.

152. In addressing the underlying question as to
whether there is a gap in international human rights law pertaining to
combating incitement to racial and religious hatred and the dissemination of
hate speech, the experts discern a gap in application and consider that while
there are provisions from various treaties addressing the issue, further
guidance from treaty bodies as to the interpretive scope of these provisions
and their threshold of application would be most useful.

ISSUE STATEMENT: The study by five experts for the Ad Hoc
Committee of the Council on the elaboration of complementary standards was
prepared for the post-Durban Review Conference in 2009. It will be used by the
Preparatory Committee for the 2009 conference in conjunction with the report of
the Special Rapporteur on Racism, Racial Discrimination, Xenophobia and Related
Intolerance. Extracts from the Study are repeated here for this Issue
Statement:

48. The nexus between racism and religion poses
complex and sensitive issues which are not adequately addressed under
international law. The experts believe that the reference to the right to
freedom of religion in article 5, paragraph (d) (vii) of ICERD should be
further developed to cover the complexity of the connection between religion
and race, racial discrimination, xenophobia and related intolerance. In light
of the increasing incidents of Islamophobia, anti-Semitism and Christianophobia
in the aftermath of the events of 11 September 2001, it is necessary that human rights
bodies upgrade accordingly their general comments or recommendations, reporting
guidelines, and rules of procedures.

The Special Rapporteur on
Racism, Racial Discrimination, Xenophobia and Related Intolerance may be too narrow in his scope regarding religion, with repeated
references to three monotheistic religious beliefs, not taking into account the
broadest possible scope of freedom of religion or belief. The five experts
study for the Ad Hoc Committee of the Council on the elaboration of
complementary standards as well, when they recommend an addition to General
Comment 22 on Article 18 of the ICCPR, rather than taking a bold step to be more inclusive of all religion or belief in
the elaboration of complementary human rights standards on race and religion.
(Word Document attached: Race & Religion or Belief).

The experts study refers
to a gap in international human rights instruments on race and religion. The
original gap began in 1962when two Conventions
were proposed by the General Assembly on racial and religious discrimination.
The Convention on the Elimination of Racial Discrimination (CERD) easily passed
in 1969. The General Assembly could not agree whether to adopt a Convention on
Religious Intolerance. In 1968 they deferred work on a Convention and began
work that eventually led to the 1981 UN Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion or Belief. (Word
Document: History; United Nations & Freedom of Religion or Belief). This
chronological history explains why a Convention on Religious Intolerance was
deferred and why it took so long to adopt a Declaration on a foundational
principle of the Universal Declaration of Human Rights. Another answer may be
found in a reflection by Sam Harris in his Letter to a Christian
Nation:

Religion raises the stakes of human conflict much
higher than tribalism, racism, or politics ever can, as it is the only
form of in-group/out-group thinking that casts the differences between
people in terms of eternal rewards and punishments.

Challenge: In 1968 the United Nations deferred work on an
International Convention on the Elimination of all Forms of Religious
Intolerance, because of its apparent complexity and sensitivity. In the
twenty-first century, a dramatic increase of intolerance and discrimination on
grounds of religion or belief is motivating a worldwide search to find
solutions to these problems. This is a challenge calling for enhanced dialogue
by States and others; including consideration of an International Convention on
Freedom of Religion or Belief for protection of and accountability by all
religions or beliefs. The tensions in today’s world inspire a question such as:

Should
the United Nations adopt an International Convention on Freedom of
Religion or Belief?

Option: After forty years this may be the time,
however complex and sensitive, for the United Nations Human Rights Council to
appoint an Open-ended Working Group to draft a United Nations Convention on
Freedom of Religion or Belief. The mandate for an Open-ended Working Group
ought to assure nothing in a draft Convention on Freedom of Religion or Belief
would be construed as restricting or derogating from any right defined in the
Universal Declaration of Human Rights, the International Covenants on Human
Rights, and 1981 UN Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief.

Concept:Separation of Religion or
Belief and State (SOROBAS). The starting point for this concept is the First
Preamble to the 1948 United Nations Universal Declaration of Human Rights; “Whereasrecognition ofthe inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice
and peace in the world.It suggests
States recalling their history, culture and constitution adopt fair and equal
human rights protection for all religions or beliefs as described in General
Comment 22 on Article 18, International Covenant on Civil and Political Rights,
UN Human Rights Committee, 20
July 1993 (CCPR/C/21/Rev.1/Add.4):

PARAGRAPH 2. Article 18 protects theistic, non-theistic and atheistic beliefs,
as well as the right not to profess anyreligion
or belief. The terms belief and religion are to be broadly
construed. Article 18 is not limited in its application to traditional
religions or to religions and beliefs with international characteristics
or practices analogous to those of traditional religions. The Committee
therefore views with concern any tendency to discriminate against any
religion or belief for any reasons, including the fact that they are newly
established, or represent religious minorities that may be the subject of
hostility by a predominant religious community.

The Experts Study by the Ad Hoc Committee of the
Council on the elaboration of complementary standards call for a remedy to gaps
in international instruments by additions to the General Comment 22 on Article
18 of the International Covenant on Civil and Political Rights. This is a
fragmented approach, rather than recognizing the United Nations General
Assembly made a mistake in 1968 to defer a work on a Convention on Religious
Intolerance, and calling now for an inclusive step to draft an International
Convention on Freedom of Religion or Belief.

50. In addition, the experts recommend that the
Human Rights Committee revise general comment No. 22 (1993) on article 18
(Freedom of thought, conscience or religion) in order to address present
challenges. The experts stress that in addressing problems linked to the nexus
between racism and religion, it is vital that human rights bodies and
Governments rely on the provisions of the 1981 Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

The Experts Study stresses that it is vital for human
rights bodies and Governments rely on the provisions of the 1981 UN
Declaration. This includes Article 2 (1): No one shall be subject to
discrimination by any State, institution, group of persons or person on the
grounds of religion or other beliefs. It is clear from this that national laws are to
protect all persons against religious discrimination practiced by all other
persons. In the words of one commentary, “this represents a bold attempt to
require countries to outlaw private discrimination as well as discrimination at
the hands of a body representing the state itself, it is a strategy not
mirrored in the UN Conventions on racial or gender discrimination.”

40. The experts recommend that a convention on
human rights education be adopted, to define positive obligations of States
regarding the incorporation of human rights education in their educational
systems, including private, religious, and military schools.

The Experts Study
recommends a Convention on human rights education. Such a Convention should
have a provision for human rights education on freedom of religion or belief
that includes places of worship as well, to begin at an early age.

Education: Ambassador Piet de
Klerk addressed the Prague twenty-five year anniversary commemoration
of the 1981 UN Declaration; “Our educational systems need to provide
children with a broad orientation: from the very beginning, children
should be taught that their own religion is one out of many and that it is
a personal choice for everyone to adhere to the religion or belief by
which he or she feels most inspired, or to adhere to no religion or belief
at all.” Parents are a key to this application. The 1981 UN Declaration
states; “Every child shall enjoy the right to have access to education in
the matter of religion or belief in accordance with the wishes of his
parents, and shall not be compelled to receive teaching on religion or
belief against the wishes of his parents, the best interests of the child
being the guiding principle.”

Reply: The Tandem Project Country & Community Database
collects information worldwide on United Nations Human Rights Bodies. The
information is used for UN Human Rights Council Universal Periodic Reviews
(UPR); UN Treaty-based Reports; UN Special Procedures, Special Rapporteur
Reports. Click on the link below to open the Database. Read the Instructions
& Table of Contents: scroll to an Article of your choice and click to
reply.

The Tandem Project: a non-profit, non-governmental
organization established in 1986 to build understanding and respect for
diversity of religion or belief, and prevent discrimination in matters relating
to freedom of religion or belief. The Tandem Project has sponsored multiple
conferences, curricula, reference materials and programs on Article 18 of the
International Covenant on Civil and Political Rights – Everyone shall have the
right to freedom of thought, conscience and religion - and the 1981 United
Nations Declaration on the Elimination of All Forms of Intolerance and
Discrimination Based on Religion or Belief.

The Tandem Project
initiative was launched in 1986 as the result of a co-founder representing the
World Federation of United Nations Associations (WFUNA) at a 1984 United
Nations Geneva Seminar, Encouragement ofUnderstanding, Tolerance and Respect in Matters
Relating to Freedom of Religion or Belief, called by the UN
Secretariat on ways to implement the 1981 UN Declaration. In 1986, The Tandem Project
organized the first NGO International Conference on the 1981 UN Declaration.